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(영문) 서울서부지방법원 2017.11.03 2017가단16931
전자어음금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 16, 2017, Chang Hosan Co., Ltd. issued and delivered an electronic bill (hereinafter “instant bill”) at a par value of 60,000,000 won at the recipient’s capital market, and the due date of payment on June 16, 2017, which is a major bank for the Nong Bank of Korea.

B. On March 9, 2017, the superior industry, a corporation, endorsed the bill of this case to the Defendant.

C. On March 9, 2017, the Defendant issued the instant Promissory Notes to the Gelim Comprehensive Construction Co., Ltd. with a unsecured endorsement.

Although the Plaintiff presented the bill of this case lawfully, the payment was refused on the ground that it was a non-transaction.

E. The Plaintiff is finally holding the Promissory Notes.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 and 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The gist of the Plaintiff’s assertion is to seek payment of the amount of the bill to the Defendant, who is the endorser of the bill of this case, as the lawful last holder of the bill of this case.

B. The gist of the defendant's defense was that the endorsement made on the bill of this case was an unsecured endorsement, and there is no reason to respond to the plaintiff's claim.

C. (1) Determination 1) When an endorser who is not an issuer makes an unmortgaged endorsement, he/she is not liable for the bill against all the subsequent endorsers, including his/her direct endorser, and is not liable for the bill. (2) The fact that the Defendant made an unmortgaged endorsement stating that he/she is not liable for the bill is already recognized.

3) In full view of the facts acknowledged earlier, the Defendant, who made a unsecured endorsement, did not assume the responsibility for the bill against the Plaintiff, who is the last holder of the bill of this case. 4) As to the Plaintiff’s claim in this case, which held the Defendant liable for the bill against the Defendant, who is the endorser, the Defendant’s non-mortgaged endorsement can be recognized.

5 Accordingly, the remaining points are without examining the plaintiff.

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